2000 Supreme(Bom) 958

IN THE HIGH COURT OF BOMBAY
(AURANGABAD BENCH)
B.H. Marlapalle N.V. Dabholkar, JJ.
Harlal s/o Harchand Pardeshi.... Petitioner.
Versus
State of Maharashtra others.... Respondents.
Writ Petition No. 3021 of 1998 W.P. No. 3000 of 2000, decided on 22-12-2000.
Advocates appeared :
R.J. Godbole, for the petitioners.
Mrs. J.P. Akolkar, A.G.P., for respondent Nos. 1 to 3.

Headnote:Section 16-Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Rule 6, Schedule B, Parts II and III-Appointment of teachers restricted-Validity of such restriction-Due to lesser work load no appointments made for teachers having B.Com. and B.A. qualification-Contention-Rules cannot be charged by Government Circulars-Permitting B.Com qualified for appointment-Held-Circular not changing the rules but only pulling restrictions-For welfare of students education standard has to be maintained.-It is well recognised in law that an administrative circular cannot amend the statutory provisions or the rules framed by the Legislature under such statute and in the instant case, the Director of Education, by the impugned circular dated 5th February, 1998 has not sought to change the provisions of the MEPS Rules, 1981. The submissions that the Director of Education has sought to amend the MEPS Rules by the impugned administrative circular do not hold good and the said submissions are hereby overruled. The contents of the course for the B.Ed. degree examination clearly indicate that the whole emphasis is to equip the graduate teachers with educational psychology, school organisation and structure, educational evaluation and statistics as well as methodology in education. To achieve the fluency in the subjects which are taught at the secondary school levels, it is necessary to examine the concerned teachers qualifications at the basic degree level irrespective of the subjects he/she has studied in the B.Ed.

       Rule 6, Schedule B, Parts II and III-Appointing Assistant teachers in secondary schools-Circular restricting B.Com. qualified-Held-B.Com. REd. is qualification for appointment of Assistant Teachers in secondary schools-Proper Authority can deny appointment if there is no work load-In subjects they had studied at Graduation level-Contents of REd. course not relevant to decide eligible to teach subjects that are not studies in graduate level-Challenge to circular is hence not sustainable.- Though the B.Com., B.Ed. is one of the qualifications prescribed for appointment of Assistant Teachers in secondary schools, the Education Officer or the Deputy Director of Education, as the case may be, has the powers to deny approval for the appointment of said teachers if there is no work load or inadequate work ,load in the subjects which they have studied at RCom. level and the course contents at REd. level are irrelevant to decide their eligibility for approval to teach subjects which they have not studied at the B.Com. degree level. The challenge to the impugned circular is, therefore, devoid of merits and the petitions are hereby dismissed. Rule discharged with no order as to costs.

       Rule 6, Schedule B, Parts II and III-Teachers having B.Com. qualification restricted from importing education on subjects like Marathil History-As there were not subject at B.Com.-Contention-At B.Ed. level these were the subjects-Held-In B.Ed. only methodology is taught-Not the whole subject-Such teacher shall not be equipped with full knowledge.- The petitioners are entirely based on this argument itself and it is stated that the subjects at the B.Com. level do not matter for approval of their services as trained Assistant Teachers so long as they have studied two papers in methodology in subjects which are otherwise taught at the secondary school level, while studying the REd. degree course. The teachers who have done their basic graduation degree and subsequently obtained a degree or diploma in education to meet the qualifications as trained teachers in secondary schools must have fluency in the subjects being taught at the secondary school level. The thrust in the scheme of the rules while prescribing the educational qualifications is on the qualifications to be achieved by the teachers at the graduation levels and thus graduates become trained graduates by obtaining a degree or diploma in education. The REd. course includes knowledge of the subjects of teaching methods in connection with only two subjects relating to graduation subjects and that too limited to methodology of teaching and not equipping such teacher with the fluency in these two subjects.